Item F3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3-21-00
Division: Public Works
Bulk Item: Yes
No X
Department: Engineering
AGENDA ITEM WORDING: Conceptual approval of an agreement with Key West Utilities to
accept sewage directly from the Monroe County Detention Facility on Stock Island.
ITEM BACKGROUND: In early 1994, the County completed construction of the federal court
ordered detention facility on Stock Island. Part of that facility contains an operating sewage treatment
plant large enough to handle the wastewater treatment necessary for that facility. Monroe County is
responsible for all operating costs for the wastewater treatment operation at the detention facility. Key
West Utilities is the operator of the sewage treatment facility on Stock Island and has proposed to take
over the responsibility for accepting detention facility's sewage at its plant as part of its expansion
program. After months of negotiation, it appears as though implementing this arrangement with Key
West Utilities and decommissioning the plant at the detention facility is in the County's financial and
long-range interest.
PREVIOUS REVELANT BOCC ACTION: At the 1-17-01 BOCC meeting the Board tabled this
item for further information.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval of conceptual arrangement and instruction to staff to
conclude a contractual arrangement for final approval by the Board of County Commissioners.
TOTAL COST: There will be anticipated savings
as per the attached document.
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes_ No X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
&~~
Dent Pierce, Division Director
DOCUMENTATION:
Included X To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #1:8
MEMORANDUM
TO: James L. Roberts
County Administrator
FROM:
David S. Koppel /)Nf
County Engineer v~r
DATE:
March 7,2001
RE:
KW Resort Utilities Proposal
Monroe County Detention Facility
Additional Information
At the January 17,2001 BOCC meeting several items came up that needed to be
researched. Attached is a letter from William Smith ofKW Resort Utilities that responds
to most of the issues raised.
One particular item that was discussed was whether or not the existing plant could handle
the DJ] addition. It seemed like this was possible since the plant is rated and permitted
for 105,000 gal/day (the existing usage averages 83,000 gal/day and the DJJ addition
proposes to add 10,200 gal/day). However, the 83,000 gal/day number should not be used
for this determination. Rather~ a rolling three month average is the governing factor.
Every month a new three month average is computed using the current month and the
prior two months. It is this three month average that can never exceed 105,000 gal/day. If
it does, the plant permit is violated and immediate action is required. Looking back over
the flow history reveals several times when the plant capacity would have been exceeded
if the proposed flow from DJ] addition was included. Therefore, the flow from the DJJ
addition cannot be directed to the existing plant at the Detention Facility.
This additional information will be included in the BOCC agenda package scheduled for
March 21, 2001. Please let me know if you have any questions.
DSK/jl
KWResortProJimRoberts.DOC .
KW Res.ovt vttLLLtLes. Corp.
6450 6C1StjUII\..LoY College RoClc(
Kel::j west, FloYi.cla 33040
(305) ~4-5:23:2
February 6, 2001
Mayor George Neugent
Monroe County
Stock Island
Key West, Florida 33040
Re: Wastewater Treatment Plant
Monroe County Detention Center
Dear Mayor Neugent:
At the county board meeting on Wednesday, January 17th, a proposal from the KW Resort
Utilities Corp. to treat the Monroe County Detention Centers wastewater was discussed. We thank you
for your consideration of this matter. I am sending this in response to some of the issues raised during
your discussions. One of the concerns was that there would not be any savings to the county in
connection with this proposal. I believe that the statement was that any savings would not take place .
for fourteen years and at that time significant plant expenses would be incurred that would eliminate
any savings to the county as a result of rate increases to offset these expenses.
However, I would point out to the commission that seventy percent of construction cost of the
wastewater plant is attributable to the foundation, caissons and steel tank, which have a life expectancy
in excess of fifty years. The current plant has an average age of nine years (the jail's plant is older than
KW Resort's plant). The balance of the cost ofa plant is in the electric motors, blowers and the pumps,
which are, on a regular basis overhauled and/or replaced out of current operating expenses. In our
operation of the plant we do not foresee any significant increase in expenses fifteen or even twenty-
five years from today's date as a result of plant age or for any other reason.
I note that the Plant is under the jurisdiction of the Florida Public Service Commission and the
Commission regulates the profit and the monthly rates that a privately run utility can achieve. A utility
is only allowed to recover a rate of return on its investment plus its operating, maintenance and
depreciation costs:- A Utility's plant expenses are all fixed expenses and like an airline it does not cost
substantially more to fly a plane that is fifty percent full versus one that is one-hundred percent full.
Therefore, as additional customers are added, the rate that a utility will charge is less likely to increase.
The County, by coming into the KW Resort Utility system makes it less likely the Utility will increase
its rates not only for the jail facility, but also for the existing 1,000 customers on Stock Island. I fmally
note that KW Resort Utility has not had a rate increase (other then the annual factor for electric
expense increases) in fifteen years.
There was also a concern that entering into this contract would diminish our interest in
expanding our operation on South Stock Island or to include Big Coppit, Geiger and Rockland Keys. I
can assure you that is not the case, and for point of information on December 27,2000 we submitted to
the DEP an application to increase the size of the plant from 500,000 gallons per day to 1,000,000
gallons per day at peak capacity.
Another concern is the Department of Juvenile Justice is in the process of expanding at the
county jail. The current plant is inadequate to take the additional I 0,000 gallons of flowage from the
Department of Juvenile Justice's project. We know that it is inadequate as the average flowage is
83,000 gallons per day, and the plant is equipped to run at 105,000 gallons per day at peak capacity.
There are many times during the year that the plant is running at an excess of 95,000 gallons a day. In
the event that an additional 10,000 gallons per day is added, this would exceed its rated capacity and
untreated sewage might be disposed down shallow injection wells. In addition, the 10,000 gallons per
day estimate of flowage, I believe, was only estimated using a one-floor addition. As a result of there
being two floors, this will increase the flowage from the 011 addition.
I note that when the County Jail's plant is expanded, the entire plant must be brought up to
A WT standards. Our engineers estimate the cost of the expansion and upgrade to A WT at a cost of
approximately $500,000.
Finally, in an era of environmental damage, limited resources, and water shortage, it makes no
sense to be disposing of 60,000 to 80,000 gallons of treated wastewater down the shallow injection
well when it could be used to water the Key West Golf Course and the Key West Botanical Gardens.
Attached please find a petition of support signed by over 150 Monroe County residents.
Sincerely yours,
/ 41AA 1u<A, ~-
Wi{fiam f~nnd~
WLS/lam
Cc: County Board Commissioners
Jim Roberts
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DISCUSSION OF PROPOSED ARRANGEMENT BETWEEN
MONROE COUNTY AND KEY WEST UTILITIES
BACKGROUND
In early 1994. the Board of County Commissioners completed development of a
federally ordered new detention facility on Stock Island. The state of the art facility
included an onsite sanitary wastewater treatment plant which was designed to serve the
needs of the existing facility plus some potential expansion in the future. With the
development of that facility, there came the responsibility for the annual operating costs,
liability for environmental issues, and future upgrades.
Since the facility became operational, the County has lived up to its
responsibilities in this regard. Through the utilization of some staff time but mostly
through contractual arrangements, the County has maintained and operated the sewage
treatment plant.
Earlier this year, the Administration was approached by Key West Utilities, the
provider of sewage treatment services on Stock Island, with a proposal to accept sewage
from the detention facility and to treat it at a cost saving to the County. The motivations
are obviously the ability to obtain revenue from the treatment of additional sewage,
within the plant's rated capacity, and the ability to utilize gray water at the golf course,
thereby saving the expense of purchasing water at Florida Keys Aqueduct Authority
rates.
The original proposal did not provide substantial savmgs for the County.
Subsequent discussions have led to the present proposal which appears to provide long
term cost savings as well as other benefits.
THE PROPOSAL
From the County's perspective, the overall goals are to reduce costs and to reduce
future obligations and liabilities. In that regard, there is a table attached to this narrative
which compares the existing Monroe County situation with the proposed agreement with
Key West Utilities.
Our present cost for operating the wastewater treatment system at the detention
facility is approximately $178,000 per year. This includes a contract with the company
that takes on the major responsibilities of operating and maintaining the plant. In
addition, there are costs for electric, chemicals, engineering for recurring permitting
obligations, general repairs, and some water purchases. Under the proposed agreement,
those expenses would be eliminated since the wastewater treatment facility at the
detention center would no longer be operational. Sewage would flow directly to Key
West Utilities treatment plant. The operating expenses proposed by Key West Utilities
are approximately $106,000 per year, or approximately $72,000 saving per year in
operating costs, at current costs.
It would be wonderful if life were that simple. However, just as in the case of the
proposed Key Largo treatment plant, there will be a connection fee. Since the Key West
Utilities plant is a privately owned operation, the Florida Public Service Commission has
the responsibility of overseeing the fee structure. The cost to connect to the Key West
Utility plant, as approved by the FPSC, is $2,700 per unit. Based on an average daily
flow of 83,000 gallons and 205 gallons per unit, we have 405 units. Therefore, the
connection fee is $1,093,500.
The County would have great difficulty in identifying the source of funds
immediately for that purpose. Therefore, we have negotiated that amount to be paid in
2
three payments. If the Board of County Commissioners approves this arrangement,
funds from infrastructure sales tax could be utilized and an amendment to that budget
would be needed. Even though the arrangement is to have the amount paid in three
installments, there is no interest involved. In addition, Key West Utilities has agreed to
pay for a lift station if needed, a lateral sewer line, and the water reuse line which could
cost $60,000 or more. Further, they have agreed to pay engineering costs up to $10,000
for decommissioning the existing plant. If only the savings in the annual operating costs
are considered when comparing to the connection fee, there would be a break-even point
at approximately 15 years.
The Board of County Commissioners is reminded that the state and the Sheriff are
funding an addition to the County detention facility, a juvenile justice facility. This
facility can not hook up to the present treatment plant at the detention facility until the
existing plant is upgraded to advanced wastewater treatment levels (which would
normally not be required until 2010). Although the cost of the plant upgrade
(approximately $250,000) would be the responsibility of the Department of Juvenile
Justice, they have not expressed any desire to fund the upgrade. However, if the sewage
was sent to the Key West Utilities plant, the Department of Juvenile Justice has agreed to
pay the $135,000 connection fee. It would be the County's responsibility after that, as
part of the operating cost, to pay about $10,900 per year in usage fees. A review of the
table below will show the overall impact for the County.
3
MONROE COUNTY ANNUAL COSTS
UNDER PROPOSED AGREEMENT
$106,000 operating cost for detention facility operations
11.000 Department of Juvenile Justice usage fee
$117,000/year
$178.000/year current cost
$ 61,000/year operating savings
$1,093,500 connection costs to be paid by County over three installments, no interest
18 years for cost recovery, not considering increases in cost (inflation), necessary plant
upgrade by 2010, environmental liability
There are, however, other considerations. Most notable 'among them is the need
to do an upgrade to the existing wastewater plant at the detention facility by 2010.
CH2MHILL estimates that will cost approximately $250,000. If this $250,000 is
considered a capital savings under the Key West Utilities' proposal, the analysis is as
follows:
$1,093,500 connection fee
- $ 250.000 capital savings
$ 843,500 capital cost
$61,000/year operational savings
14 year break even
Also, since the plant utilizes a deep injection well system, there are always
concerns about liability as a result of malfunctioning and environmental issues that could
haunt the County in the future. There is also no way of knowing what regulations the
state and federal government will impose in the future concerning wastewater treatment.
4
Staff has had general discussions with staff at the Florida Keys Aqueduct
Authority. There is discussion occurring between the Authority and Key West Utilities
concerning the possibility of a sale of Key West Utilities to the Authority. There is
always the thought that there might be lower connection fees in dealing with the
Authority. After discussing the issue, it does not appear as though there will be anything
lower than the $2,700 identified above. It also appears as though, if the County wishes to
become involved in this agreement, it is a better deal than what might come forth if the
Aqueduct were to purchase Key West Utilities.
It is recommended to the Board of County Commissioners to approve this
arrangement conceptually. If that is the case, staff will finalize details to be placed in a
contract and have it reviewed by our financial advisor and bond counsel to be sure there
is no negative impact upon the outstanding bonds on the detention facility that run
through Fiscal Year 2004.
The advantages of this arrangement to the County are:
· Annual operating savings of approximately $60,000 per year plus inflation in the
future. These costs are paid from County-wide taxation.
· Removal of the need to upgrade the treatment plant at a cost of approximately
$250,000 by 2010.
· Significant reduction in environmental responsibility and pollution liability concerns.
5
Monroe County Detention Facility
Wastewater Treatment
Costs
Existing
(Remains MC)
Proposed
(Connect to KW Utility)
Contract w/Davis Water Analysis
Electric = $800/month
Chemicals/sludge = $1,1 OO/month
PennittinglEngineering (every 5 yrs) $3,100/5
Repairs by P. W.
Water to maintain level of reuse tanks
152,900/yr
9,600/yr
13,200/yr
620/yr
1,200/yr
370/yr
Monthly Fee = $605.62
Usage Fee = $2.92/1000gal x 83,000gal/day
= $7,876.42/mo
Water to operate: 32,OOOgal/day @ $.40/1000gal
Annual Total
$177,890
7,267/yr
94,517/yr
4,672/yr
$106,456
Connection Fee: $2,700/ERC,205gaIlERC,
83,000gal/day, 405 ERC
Lift station & lateral sewer line
Water reuse line
Decommissioning Existing Plant
1,093,500*
0**
0**
?***
Dept. of Juvenile Justice (DJJ) Plant Upgrade 250,000(Min)
DJJ Connection Fee: $2,700/ERC, 205ga1lERC,
10,200 gal/day, 50 ERC
DJJ Usage Fee: $2.92/1000gal x 1O,200gal/day
135,000
1O,871/yr
*To be paid in three payments of$364,500
**Cost paid for by KW Utility
***KW Utility will pay up to $10,000 in Engineering fees. Cost to physically remove
plant to be determined.
Note: DJJ would be responsible to pay for plant upgrade and their connection fee.
MC would be responsible to pay for DJJ usage fee as part of the MC Detention
Facility operations.
[' c.- (' C I "ED
I\LUL .
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I C()'JNT_~DMINISTRATOR
NOV-DB-ZDDD 16:34
FROU-SMITH, HEUUESCH. BURKE' BRANNIGAN
31 ZB387765
T-060 P 001/003 F-170
1~.03b
.Law Offices of
Smith, j{emmesch, 'Burie & 1lranni[Jan
11 EAST ADAMS STREET . SUITE 1400 . CHICAGO,ILUNOIS 60603.6304
Telephone: (312) 939~0100 . Facsimile: (312) 939-7765
e-mail address:@shb-law.com
William l. Smith, Jr.
Donald F. Hemmescb, Jr.
Kevin P. Burke
Thomas E. Brannigan
Scott M. Guetzow
Christopher B. Kaczynski
FROM:
fr.7'dO
J~s ~~-k
5'S-- :2~2 -~p,tr
IAJ/II/~ ~. ~~_ Jr:
~
DATE:
TO:
FAX #:
NUMBER OF PAGES (INCLUDING COVER SHEET)
THIS MESSAGE IS INTENDED ONL V FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS
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TO THE I~TtNDED RECIPIENT, VOUR ARE HEREBV NOTIFIED THAT ANV DISSEMINATION.
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RETUR.l\f THE ORIGIN"L MESSACE TO US AT THE ABOVE ADDRESS VIA THE l .!~H'R"'~~~~f}V AIN n OJ
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03AI3J3H
NOY-OB-ZOOO 18:34
FROM-SMITH. HEMMES~H. 8URKE , 8RANNIGAN
31 Z8397785
T-D8D P.DDZ/DD3 F-IrD
KEY WBT RESORT UTILITIES CORP.
P.O. BOX 2125
6630 FRONT STREET
KEY WEST, FLORIDA 33045
November 8, 2000
VIA FACSIMILE:
305-2924544
James Robens
Monro~ CON,.,Y Administrator
SlOCk Island
Key West, Florida 33040
BE: W ASTEWATER TREATMENT PlANT MONROE COUNTY DETENTION CENTER
Dear Mr. Roberts:
It was good to meet with you and Dave Koppel regarding the Monroe County Detention
Centers wastewater flow on October 27, 2000. At that meeting we discussed connecting the
Center to the K.W. Resort Utilities COIp. Wastewater Treatment Plant and discussed the
following items:
i. The capacity reservations fees to be paid by the County to K. W. Raon Utilities
Corp.;
11. The County's needs for reuse water to operate the Center's toiletS, and the
H.V.A.C. System;
iii. The lift station at the Center and the continued operation and maintenance of said
lift station; and
iv. The decommissioning of tbe current plant.
The capacity reservation fees (ERC), set by the Florida Public Service Commission are
$2,700.00 for each 205 gallons per day ofwastcwater treated by the utility. Premised upon the
existing approximate 83,000 gallons per day average usage that would equal 405 ERC's for a
payment of SI,093,SOO.00. You . have requested that the utility consider allowing Monroe
County to pay that over a period of time. The utility company would agree to allow the County
to pay ws capacity reservation fee over 3 payments. The first payment of 5364,500.00 to be
paid upon connection to the system, the second payment of 5364,500.00 on the first anniversary
of connection, and the third payment of $364,SOO.00 on the second anniversary of connection.
These charges would not bare interest. I note that the detention center is considering expanding
and to the extent there is any expansion the additional capacity reservatiDn fees could also be
NOV-DB-ZDDD 16:34
fKOM-SMITH. HtMMt~~", DUK~t . DKANNlbAN
;SIU;SIHf6~
T-U6U f.UU;S/UU;S ~-Iru
Jim Robens
November 8, 2000
Page 2
paid 1/3 upon cOlUlection, 1/3 onc year later, and the balance one year after that without interest.
This proposal is only open for acceptance until March 1. 2001.
In cOlUlcction with the Counties approximate 32.000 gallon per day requirement for reuse
water. the Utility would provide a reuse line directly to the existing tank II the jail at the utility
company's expense. The fee for reuse water would be the same fee that the golf course currently
is paying for reuse water or 40 cents per thousand gallons.
The jail currently utilizes a lift station to pump wastewater to the current treatment plant
located on the jail property. The utility company would assume the obligation of maintaining
and operating this lift station and the COUDty would allow the utility company to utilize the lift
station to transmit the county wastewater to the utility company. At first we thought that the
utility company would connect into the Sunset Marina wastewater tteaanent line adjacent to the
center but another alternative connection point would be to nm down Junior College Road pass
the County administration buildings and utilize the County's pump swion at the Animal Shelter
and then run along the golf course to the utility company's force main on the golf course at U.S.
One and Cross Street. But in any event we would maintain the lift station and operate the lift
station subject to the granting of an easement to the utility company to do so.
Finally we would also look iuto decOmmiSSioning the CUJtC11t Plant and would agree to
pay all the engineering cost for decommissioning the Plant up to sio,ooo.oO. This amount
should handle all engineering costs. We have also looked iOlo the disposal of the current plant
and havc requested proposals to remove the current plant fiom its location.
We look forward to hearing from you.
Sincerely yours.
WLS/jf
MAR-18-01 18, 12 FROM,FLA KEYS AQUEDUCT AUTH
11:), 3IOb28o.::sS~1
p,,",c.;~
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Post Office flox 1239
, '00 K~nnedy Drive
Key Wel>t Florida 33M1- 1 239 ~' ~ .....'~
Telephone (305) 296-2454 ,: :~.
~ . ... .' .
, ,:':;.~~
:,:!.i:" J. Robert Dean. Chairman
",~,,;'F ,",'f,' Key West
...._~--' ::..l.:. '
. -..~... -.-
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.:'," ,'.;:f!!':'" Thomas R. McDonald
, .w -~...- Vice.Cl'Iairman
~ -"
:_.~,p.. Tavernier
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Fred Shaw
secretary-Treasurer
Big Pine
Florida Keys
Aqueduct Authority
Albert O. Appell
Duck Key
Linda B. Wheeler
Key West
Roger Braun
Executive Director
FROM:
James Roberts, County Administra~
Roger Braun, EXecutive Director/' ~-".-
JfM: Itxc IhJtkt':r
sJfIq)~~
dv€dIt~ I:rs-~
,;, ~~.
March 19,2001
INFORMATIONAL MEMORANDUM
TO:
SUBJECT:
Boce Agenda Item, Conceptual Approval of an Agreement with Key West Utilities
to Accept Sewage Directly from the Monroe County Detention Facility on Stock
Island (3121/01 Meeting)
CC:
County Commissioners
County Attorney
Board of Directors, FKAA
William E. Smith, Jr_ K.W_ Resort Utilities Corp.
Based on a number of inquiries concerning the FKAA discussions with K W. Resort Utilities Corp.
as to the possible acquisition and the above pending BOCC item, please allow me to provide the
following information:
1. The existing KWU plant currently has a reserve capacity of approximately of 1300
ERCs. The jail and proposed juvenile detention center is calculated at approximately
455 ERGs leaving a net reserve capacity of 855 ERCs to serve the estimated 2,000
ERGs currently not being served in South Stock Island- KWU has established with the
Public Service Commission a 205 gallons per day per ERC calculation factor.
2. Any increase above the approximate 1,300 ERCs will require a plant expansion permit
from the Florida Department of Environmental Protection. As of March 16th, DEP has
infonned the FKAA the current request for increased treatment capacity will Krequire"
the plant going to Advance Wastewater Treatment (AWT). Unless, there is relief from
this requirement the connection of the next 855 ERCs (after the jail) of the remaining
2,000 on south Stock Island will require immediate treatment upgrade to AWT. This
reduced capacity and need to go to AWT (plant expansion) does not factor a number of
property upgrades, approved development, and proposed additional "affordable
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housing" units on south Stoel< Island. All Which would need to meet "current" effluent
standards (10-10-10-1) on their own or speed the need for current plant capacity to be
expanded to AWT.
3. The residents and businesses on south Stock Island are not within the current
jurisdiction, authority, or responsibility of FKAA under its wastewater directives per the
enabling legislation. KWU remains under the Public Service Commission and Stock
Island remains under KWU's area of certification-
4_ FKAA is conducting a Wastewater Workshop with its Board of Directors on March 28th,
One of the items for internal discussion is the status of acquisition information
exchanged between FKAA and KWU.
5. FKAA is not advocating a position on the proposed soec agenda. Based on cost
infonnation provided by County staff, the soce must determine if connection to KWU is
the most economically feasible alternative for serving the existing jail and the proposed
juvenile center. If the soee makes such a business decision, the FKAA is requesting
the BOeC to affirm the following in any negotiations between the soce and KWU:
a) Per Mr. Smith's previous discussions with FKAA, that the number of ERCs
connected and paid for by the SOCC for the jailJjuvenile detention center shall be
credited as part of the purchase agreement. This should be in the County's
agreement.
b) Due diligence should be done through the County Attorney's office and County
Administrator's office in consultation with KWU to determine that KWU's proposed
charge to the County of $2,700 per ERC for amount of $1,228,500 is in compliance
with the Florida Public Service Commission's Order No. PSc-96-1180-FOF-WS,
September 20, 1996, Final Order:
REVOKING AUTHORITY TO COLLECT GROSS-UP ON CONTRIBUTIONS-
IN-AID-OF-CONSRUCTION AND PROVIDING FOR APPUCA TIONS FOR
VARIANCES AND NOTICE OF PROPOSED AGENCY ACTION REQUIRING
REFUNDS.
6. The FKAA is working to determine the following major items in order to complete the
acquisition feasibility information-
a) Plant and system expansion costs to accommodate south Stock Island.
b) Worth of existing facilities and customer base.
c) Physical condition and life expectancy of existing system.
d) Deep Well injection (a requirement?)
e) DEP current requirement for AWT not later than 2010 or sooner based on
expansion of required capacity to serve south Stock Island.
f) Determine dedicated funding sources for acquisition and immediate expansion
7. Should FKAA and KWU not reach agreement on acquisition, then from the standpoint of
south Stock Island achieving 2010 compliance, that responsibility would remain with the
BOCC.